Enforcement

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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All Enforcement Content

March 13, 2014

No one can say with certainty when the Obama administration will reach the grim milestone of having deported two million people since the President took...

March 1, 2014
Despite some highly public claims to the contrary, there has been no waning of immigration enforcement in the United States.
December 18, 2013
In late June 2012, the Supreme Court struck down three provisions of Arizona’s SB 1070 and left a fourth vulnerable to future legal challenge. As has been well documented, the Court’s rejection of SB...
December 10, 2013
This two-part series highlights the findings of the Migrant Border Crossing Study—a binational, multi-institution study of 1,110 randomly selected, recently repatriated migrants surveyed in six...
August 1, 2013

On June 6, 2013, the House Judiciary Committee considered H.R. 2278, the “Strengthen and Fortify Enforcement Act,” commonly known as the SAFE Act. This...

August 1, 2013
The Criminal Alien Program (CAP) is an expansive immigration enforcement program that leads to the initiation of removal proceedings in many cases. While CAP has existed in one form or another for...
July 24, 2013
The House of Representatives and the Senate have embarked upon very different paths when it comes to immigration reform. On June 27, the Senate passed a comprehensive immigration reform bill—...
May 9, 2013
Since the last major legalization program for unauthorized immigrants in 1986, the federal government has spent an estimated $186.8 billion on immigration enforcement. Yet during that time, the...
May 9, 2013
The Important Economic Relationship of Mexico and the United States Mexico is the United States’ third largest trading partner, after Canada and China, in terms of total trade in goods, while the U.S...
April 2, 2013
Since the Department of Homeland Security (DHS) was created in 2003, its immigration-enforcement agencies—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—have been...
September 25, 2019
This statement shares our knowledge about these problems and inform the Subcommittee of these systemic human rights and due process violations. We hope that our perspective provides insight context for this important hearing.
The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy.
September 4, 2019
The administrative complaint filed with government oversight agencies highlights a systematic failure to provide adequate medical care to children in Customs and Border Protection (CBP) custody. This violates CBP’s own internal guidance and extensive medical guidelines.
The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.
This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
This nationwide class action lawsuit challenges systemic delays in providing immigration files.
June 11, 2019
New evidence shows the woefully inadequate medical and mental health care in an immigration detention center in Aurora, Colorado. Here are some of the detainees’ experiences we documented:
April 19, 2019
In this case, the Federal Defenders of San Diego argue that the court should have conducted a deeper inquiry into the voluntariness of a guilty plea offered by 18-year-old Claudia Hernandez-Becerra because she spent three days detained in an “hielera” before her arraignment for entering the United States without permission.
February 28, 2019
Numerous babies under the age of one—and some as young as six months old—are being detained in immigration detention at the South Texas Family Residential Center in Dilley, Texas.
We filed a FOIA request seeking statistical information, as well as policies and guidance, regarding Board of Immigration Appeals standards for issuing stays of removal. Because the government failed to respond, we're filing a lawsuit.
May 19, 2021

One policy first created by the Trump administration is responsible for the greatest restriction on access to our immigration system for asylum seekers than any other. It provides no meaningful...

May 17, 2021

Newly revealed government documents provide details on the extent of the Trump administration’s retaliation against people who provided legal assistance to asylum seekers at the U.S.-Mexico border...

May 12, 2021

The Department of Homeland Security (DHS) recently withdrew two rules proposed by the Trump administration. On the surface, it seems they have nothing in common: a proposed expansion in collecting...

May 7, 2021

Every year the U.S. government locks up thousands of non-citizens in a prison system few Americans know about—the immigration detention system. Though immigration detention is termed “civil”...

May 4, 2021

The Biden administration has ended a Trump-era policy of denying so-called sanctuary cities from receiving certain forms of federal funding. The policy had been used in retaliation against local...

April 22, 2021

This blog is the second in a three-part series examining President Biden’s first 100 days in office from the Immigration Justice Campaign. Many of us will always vividly remember the fear and lack...

April 20, 2021

This blog is the first in a three-part series from the Immigration Justice Campaign. Reflecting on his release from U.S. Immigration and Customs Enforcement (ICE) custody, Thomas,* a man who fled...

April 13, 2021

A record number of migrant children are arriving to the U.S.-Mexico border alone. In March 2021, U.S. Customs and Border Protection (CBP) encountered nearly 19,000 unaccompanied minors—the most to...

April 8, 2021

Only days after President Biden took office, some people were already declaring that the border was in a state of crisis. But recently released U.S. Customs and Border Protection statistics reveal...

April 6, 2021

U.S. Immigration and Customs Enforcement (ICE) detention centers—which often suffer from cramped conditions and poor access to medical care—are highly conducive to the spread of COVID-19. But ICE...

October 15, 2019
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern and practice of failing to provide access to immigration case records within deadlines set by the Freedom of Information Act. The case records, known as A-files, contain information about individuals’ immigration history in the United States. This is the first time a court has certified a class in a lawsuit alleging a pattern and practice of violating FOIA
October 2, 2019
The American Immigration Council and Tahirih Justice Center filed a Freedom of Information Act lawsuit in federal court to compel the government to release records about the Trump administration’s troubling new practice of allowing U.S. Customs and Border Protection officers to screen individuals seeking asylum in the United States. The lawsuit seeks these documents to shed light on changes to the asylum screening process, CBP’s role in conducting interviews and making determinations regarding an asylum seeker’s “credible fear” of persecution, and the measures taken by CBP, U.S. Citizenship and Immigration Services, and the Department of Homeland Security to implement this new practice.
September 28, 2019
A federal court has blocked a Trump administration policy that sought to massively expand fast-track deportations without a fair legal process such as a court hearing or access to an attorney. The American Immigration Council, the American Civil Liberties Union, and Simpson Thacher & Bartlett LLP sought the preliminary injunction, which was granted close to midnight on Friday by U.S. District Judge Ketanji Brown Jackson.
September 26, 2019
Immigrant rights attorneys moved to block the Trump administration’s Asylum Ban from affecting tens of thousands of migrants who have already attempted to access the U.S. asylum process before the ban was implemented. With limited exceptions, the Asylum Ban prohibits anyone who traveled through a third country and did not seek protection there from obtaining asylum here. The request filed today is in the ongoing case challenging the Trump administration’s policy of turning back asylum seekers at ports of entry on the U.S.-Mexico border, including the “metering” policy.
September 19, 2019
Five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy filed a lawsuit against the United States for the cruel treatment and agony U.S. immigration agencies inflicted on them. The five parents and their children, who were as young as five at the time of the separation, claim that the U.S. government intentionally subjected them to extraordinary trauma that will have lifelong implications.
August 21, 2019
he Trump administration announced that it will publish a new regulation on Friday that allows for the indefinite detention of immigrant children. The rule will terminate the Flores Settlement Agreement, which currently requires that the government hold children in the least restrictive setting and release them as quickly as possible, generally within 20 days.
August 6, 2019
The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations without a fair legal process such as a court hearing or access to an attorney.
July 30, 2019
A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along the U.S.-Mexico border – including its attempt to choke off asylum applications through a so-called “metering” process.
July 22, 2019
Expanding expedited removal in this manner will create a 'show me your papers' regime of immigration enforcement where individuals—including any U.S. citizens they encounter—will be forced to prove they should not be deported. The American Immigration Council will not stand by idly as the Trump administration continues its unlawful attacks on our communities. We will see the Trump administration in court
July 15, 2019
The Trump administration announced a new rule that would bar many individuals seeking protection in the United States from being able to apply for asylum. The American Immigration Council believes we should not be afraid to embrace our humanitarian obligations in a way that respects the rule of law.
September 22, 2021

The American Immigration Council joined 38 other civil rights organizations in urging President Biden to live up to his administration’s commitment to a...

September 21, 2021

Roughly 14,000 Haitians arrived at the border across from Del Rio, Texas in mid-September and walked across the Rio Grande to seek asylum. Many first left Haiti in 2010 following a devastating...

September 16, 2021

The Fifth Circuit Court of Appeals on Wednesday stayed a significant part of an earlier decision by the Northern District of Texas that would have blocked the implementation of the Biden...

September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
September 9, 2021

Proposed legislation in California that would further limit the state’s involvement in immigration detention has made progress toward becoming law. The VISION Act would prevent transfers to U.S....

This FOIA requests effort seeks records on ICE reports about its enforcement activities, whether the people arrested by ICE fit into the DHS’s enforcement priorities, and information about instances when officers pursued enforcement actions against individuals who would not be considered priorities for immigration enforcement.
September 7, 2021

A federal court concluded Thursday that the U.S. government’s turning back of asylum seekers at ports of entry along the U.S.-Mexico border—primarily through a practice called metering—not only...

September 7, 2021
This amicus brief addresses whether 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review over eligibility determinations for certain forms of discretionary relief from removal for non citizens.
September 2, 2021
A federal judge declared unlawful the U.S. government’s turnbacks of asylum seekers arriving at ports of entry along the U.S southern border. The court ruled that the United States is required by law to inspect and process asylum seekers when they present themselves at ports of entry, and condemned the practice of denying access to the asylum process through metering and similar practices.
September 1, 2021
Immigrant rights advocates released a statement after presenting oral arguments before U.S. District Court of the Southern District of California, where they urged the court to declare unlawful and permanently end the Trump-era turnback policy.

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